Types of Personal Injury Claims We Handle in Miami, FL
No two personal injury cases are alike. Getting the compensation our clients deserve requires comprehensive investigations, rigorous analysis of evidence, and thoughtful negotiation and litigation strategies. Our team at Kemp Law is up to the task and are prepared to assist with claims of all kinds and complexities.
Our skilled attorneys can provide results-driven advocacy in many types of personal injury cases, including those involving:
Statute of Limitations for Personal Injury Lawsuits in Miami, FL
In Miami, the statute of limitations for personal injury lawsuits is generally two years from the date of the accident. In other words, you have two years from the date you were injured to take legal action. Note that the statute of limitations for filing a wrongful death claim is two years from the date of the victim’s passing, which isn’t always the date they were initially injured. Waiting too long to start the legal process will likely prevent you from recovering any compensation.
While two years may seem like plenty of time, acting quickly is essential. Delays in seeking legal advice can weaken your case due to fading memories, loss of evidence, or difficulty locating witnesses. Reaching out to our Miami personal injury attorney as soon as possible gives us more time to conduct thorough investigations and prepare strong arguments.
What Compensation Can I Recover in a Miami Personal Injury Case?
You will likely suffer numerous types of losses in the wake of a serious accident – some tangible, some intangible. Economic and non-economic damages are designed to cover both categories of losses, and you can recover both of these types of damages in a personal injury lawsuit.
Economic damages are measurable financial losses that can be quantified by receipts, documentation, and analysis of future needs. Non-economic damages address losses like pain and suffering, which are more difficult to directly quantify. Calculating non-economic damages typically involves considering factors like the severity of the harm, long-term consequences, and impacts to quality of life.
Our lawyers can fight to secure compensation for all economic and non-economic damages, including:
- Medical bills
- Lost income
- Reduced earning potential
- Property damage
- Pain and suffering
- Disfigurement
- Emotional distress
- Loss of enjoyment of life
I Was Hit by a Motorcycle When Crossing Biscayne Blvd, but Not at a Marked Crosswalk. Can I Sue?
If you were hit by a motorcycle while crossing Biscayne Boulevard but were not at a marked crosswalk, whether you can successfully take legal action and recover damages depends heavily on the specifics of the incident. Pedestrians generally have a duty to cross streets responsibly and in designated areas like crosswalks whenever possible. However, this does not mean that a driver or motorcyclist is absolved of any responsibility outside these areas.
For example, you could have a case if the motorcyclist was speeding excessively or distracted in the moments before the collision, even if you were not using a marked crosswalk. The excessive speed of the motorcyclist or their failure to pay attention to the road could be considered a significant factor contributing to the accident.
On the other hand, you may not have a strong case if you were jaywalking in a poorly lit area at night, making it nearly impossible for the motorcyclist to see you in time to stop. Additionally, if you stepped into the street suddenly and outside a designated crossing zone, without giving the motorcyclist enough reaction time, their actions may not be deemed negligent.
Florida operates under a modified comparative negligence standard, which allows injured parties to recover damages even if they are partially at fault, provided their responsibility does not exceed 50%. For instance, if the court decides that the lack of a marked crosswalk contributed to the likelihood of the accident, but the motorcyclist was speeding or distracted, fault may be shared. If your share of the fault is less than 51%, you can still recover some compensation, though the amount will be reduced by your percentage of responsibility. If you’re found to be 40% at fault and your damages total $100,000, for example, you would recover $60,000.
If you think you may be partly to blame for an accident, we still encourage you to explore your options with our Miami personal injury lawyers. We are prepared to take cases involving comparative negligence and can work to maximize what you recover.
We can help you navigate the complexities of your personal injury claim. Contact us online or call (727) 788-6792 today!
